S T A T E   O F   N E W   Y O R K
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                                  3901

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced   by  M.  of  A.  LIFTON,  JAFFEE,  MAISEL,  ORTIZ,  PHEFFER,
  J. RIVERA, GUNTHER, PEOPLES-STOKES, GALEF,  O'DONNELL  --  Multi-Spon-
  sored  by  --  M.  of  A.  BOYLAND, CLARK, KELLNER, V. LOPEZ, LUPARDO,
  MARKEY, SWEENEY, TOWNS, WEISENBERG -- read once and  referred  to  the
  Committee on Insurance

AN  ACT to amend the insurance law, in relation to prescription coverage
  for shingles

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
amended by adding a new paragraph 28 to read as follows:
  (28) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
INCLUDE COVERAGE FOR THE COST OF DRUGS FOR  THE  TREATMENT  OF  SHINGLES
APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, INCLUDING THE DRUG
ZOSTAVAX,  OR  GENERIC  EQUIVALENTS APPROVED AS SUBSTITUTES BY SUCH FOOD
AND DRUG ADMINISTRATION UNDER THE PRESCRIPTION OF A HEALTH CARE PROVIDER
LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
  S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
INCLUDE COVERAGE FOR THE COST OF DRUGS FOR  THE  TREATMENT  OF  SHINGLES
APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, INCLUDING THE DRUG
ZOSTAVAX,  OR  GENERIC  EQUIVALENTS APPROVED AS SUBSTITUTES BY SUCH FOOD
AND DRUG ADMINISTRATION UNDER THE PRESCRIPTION OF A HEALTH CARE PROVIDER
LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (hh) to read as follows:
  (HH)  EVERY  CONTRACT  ISSUED  BY A HOSPITAL SERVICES CORPORATION OR A
HEALTH SERVICES CORPORATION WHICH  PROVIDES  COVERAGE  FOR  PRESCRIPTION
DRUGS  SHALL INCLUDE COVERAGE FOR THE COST OF DRUGS FOR THE TREATMENT OF
SHINGLES APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, INCLUDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07753-01-1
              

A. 3901                             2

THE DRUG ZOSTAVAX, OR GENERIC EQUIVALENTS  APPROVED  AS  SUBSTITUTES  BY
SUCH  FOOD  AND  DRUG  ADMINISTRATION UNDER THE PRESCRIPTION OF A HEALTH
CARE PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT  OF  THE
EDUCATION LAW.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.